36C78619B0007-007.docx

36C78619B0007 Section M

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (

Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NOTICE: SET-ASIDE for Total Service-Disabled

SDVOSB

36C78619B0007 X 03-14-2019

860IC3027

43C2 Department of Veterans Affairs National Cemetery Administration (NCA) NCA Contracting Service 75 Barrett Heights Rd, STE 309 Stafford VA 22556 Department of Veterans Affairs National Cemetery Administration (NCA) NCA Contracting Service 75 Barrett Heights Rd, STE 309 Stafford VA 22556 Sheryl Palacio-Davis 540-658-7227 The Department of Veterans Affairs, National Cemetery Administration (NCA), anticipates awarding a firm, fixed price contract to Renovate Site and Buildings to Correct FCA Deficiencies at Memphis National Cemetery, In Accordance With (IAW) the Statement of Work (SOW), Specifications, and Drawings This is a 100% competitive Set-Aside for Service Disabled Veteran Owned Small Business (SDVOSB) in accordance with the Veterans First Program, 38 USC 8127 and 8128. Only SDVOSB firms verified eligible in Vetbiz.gov, with the Certified Veteran Enterprise (CVE) Seal on their registration will beconsidered. The Vetbiz database will be checked both upon receipt of an offer and prior to award. Firms must also have current registration in the System for Award Management (SAM) database at www.sam.gov and have completed online Representatives and Certifications prior to award.

A Pre-Bid meting/site visit is scheduled for 03 April 2019, at 10:00 AM (CST) in the Administration at Memphis National Cemetery: 3568 Townes Ave, Memphis, TN 38122.

Submit all typewritten questions regarding this solicitation to the Contracting Officer and Project Manager at the following e-mail addresses: sheryl.palacio-davis@va.gov & homayoun.kazemipour@va.gov, on or before 09 April 2019, at 3:00 PM (EST). Include in the subject line "RFI for IFB 36C78619B0007" in the subject line of the e-mail. Answers Answers will be posted through an Amendment to the Solicitation.

The Bid Opening is scheduled for 22 April 2019 at 2:00 PM EDT, at 75 Barrett Heights Rd, STE 309, (3rd Floor), Stafford, VA 22556. Free parking is available on both front & back of the building.

In order to attend the Bid opening, a valid valid Government-issued, picture identification must be presented when entering the building. Bids received after

2:00 PM (EST), 22

April, 2019 WILL NOT ACCEPTED.

Electronic submission of Bids will not be accepted; only Sealed Bids will be accepted. Please place the solicitation number on the outside of the sealed envelope. It is not recommended to send the Bid submission via the U.S. Postal Service as the mail is erratic, which sometimes delays delivery. It's HIGHLY recommended to send the Bids via overnight courier/hand courier to the address listed in Block 8. Facsimile and electronically submitted bids will not be accepted.

Contract award will be made to the responsible bidder whose Bid, conforming to the invitation, will be most advantageous to the Government, considering only price and price-rated factors included in the invitation.

The North American Industry Classification System (NAICS) Code is 237990; Business Size Standard is $36.5 Million.

IAW VAAR 836.204, the Magnitude of Construction is between $1,000,000.00 and $2,000,000.00 Unless otherwise noted, all references to "day(s)" throughout the solicitation documents shall be calendar days.

x x 52.211-10 X 1(one) 2:00pm EST 04-22-2019 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

CLIN 0001: $_____________________________________

Total Amount (including bonds): $___________________________ 43C2 Department of Veterans Affairs (DVA) National Cemetery Administration (NCA) NCA Contracting Service 75 Barrett Heights Rd, STE 309 VA 22556 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 Sheryl Palacio-Davis

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

PRICE SCHEDULE

Provide all labor, materials, tools, equipment, and professional services to renovate Site and Buildings to Correct FCA Deficiencies, located at Memphis National Cemetery, TN.

Project Number 8601C3027.

The contract duration will be One Hundred and Eighty (180) Calendar Days.

The Contractor will complete all work within 180 Calendar Days after receipt of the Notice of Proceed (NTP), subject to all terms, conditions, provisions, and schedules of the contract.

Department of Labor Wage Determination: Offerors are advised that upon award and in accordance with FAR Clause 52.222-6, Davis-Bacon Act, if any laborer or mechanic is to be employed in a classification that is not listed in the Wage Determination applicable to the contract, the contractor shall submit to the contracting officer a completed Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate.

CLIN – CONTRACT LINE ITEM

QTY- Quantity

B.2 LIMITATIONS ON SUBCONTRACTING -- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

36C78619B0007 Section B

Page 1 of Page 1 of

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SOW: DESCRIPTIONS/SPECIFICATION/STATEMENT OF WORK

Invitation For Bid FOR CONSTRUCTION OF unfinished elements from the original bid package Memphis National Cemetery Project No. 860IC3027

· Contractor shall completely prepare site for building operations, including demolition and removal of existing structures, roads and other site features as noted on the plans, and furnish all labor, equipment and supervision to reconstruct roads, irrigation system repairs, utilities and other site features as required by drawings, specifications and terms and conditions herein including:

1. Roadway, storm drainage, landscape, and other site improvements

1. Repair of the existing irrigation system along the previously installed portions of Memphis Drive (portions north of Morgan Drive).

1. Design and installation of irrigation system zones in area surrounding new PIC/Admin building.

1. A complete set of the contract documents (drawings and specifications) are being provided as reference documents for the work described above.

A.2 General Conditions

· All work will be accomplished during normal business hours (8:00 am to 4:30 pm) Monday through Friday, except Federal Holidays.

· Before beginning any demolition work, the Contractor shall survey the site and examine the drawings and review the scope of work to determine the extent of the work. The Contractor shall take the necessary precautions to avoid damages to existing items to remain in place, to be reused or to remain the property of the Cemetery. Any damaged items shall be repaired or replaced at the Contractors expense as directed by the COR.

· Establish construction limits, install safety controls, and install construction fencing as approved by the COR.

· SITE SURVEY: Locate and stake/flag all underground utilities, irrigation system piping, sprinkler heads and other components. Coordinate any shutdowns and operation of the existing irrigation system with the COR.

· SITE CLEARING: Remove Grass and other vegetation or obstructions as required to permit grading of the site within the project limits. Dispose of all organic material on the cemetery property at the direction of the COR. Haul away and dump trash, debris and waste to an approved disposal site.

· EROSION CONTROL AND SITE DRAINAGE: Contractor shall provide erosion control measures to prevent erosion or displacement of soils and discharge of soil bearing water runoff or airborne dust.

· SITE GRADING AND FINISHING: Perform grading within the limits of the project to the lines, grades, and elevations indicated and as specified. Thoroughly clean up the work area at the end of each day’s work and at completion of the project. Leave premises clean and free of waste, scrap, used equipment or other material intentionally or incidentally delivered to the site by Contractor or Contractor’s personnel.

· LANDSCAPING: Provide turf grass sod to match existing species. The Contractor shall protect from damage all existing improvements, equipment, structures, facilities, grounds and utilities at or near the work site or adjacent property. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.

· Upon completion of contact, deliver work complete and undamaged. Existing materials, equipment, structures, facilities, grounds and disturbed or removed because of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in good condition as existed before commencing work.

· At Contractor’s own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor’s workmen to exist ring piping and consults, wires, cables, etc., of utility services or of fire protection systems, communication systems (including telephone) which are not scheduled for discontinuance or abandonment.

· Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the Contracting officer and the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original existing construction, except as otherwise shown or specified.

· Thoroughly clean up the work area at the end of each day’s work and at the completion of the project. Leave premises clean and free of waste, scraps, used equipment or other material intentionally or accidentally delivered to the site by the Contractor or Contractor’s personnel.

· The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs and grass) on or adjacent to the work site not to be removed and do not reasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

· The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be made known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in the performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

· All utilities required for the continuous operation of all existing facilities shall be maintained in service always except when disruptions are needed. The contractor shall inform the Cemetery Director and the Contracting Officer (CO) in writing 2 weeks prior to the need shutdown. When the option exists, implement options to minimize interruption of services to the facilities.

· The Contractor shall coordinate with the Cemetery Director for parking, material storage, temporary portable restroom facilities and any other needs for the work. Public access to the National Cemetery shall not be impaired.

· Coordination of Construction with the Cemetery Director: The burial activities at a National Cemetery shall take precedence over construction activities. The Contractor must cooperate and coordinate with the Cemetery Director, through the COR, in arranging construction the construction schedule to cause the least possible interference with Cemetery activities in actual burial areas. Construction noise during the committal services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period.

A3. Other Requirements:

· Contractor shall secure all necessary permits including any environmental permit required to meet compliance.

· Contractor shall provide all required utilities (electricity, water, and any other) for construction at contractor expenses.

· Contractor shall coordinate with cemetery staff for all construction work to avoid or minimize any interruption of cemetery functions.

· Contractor shall investigate all on-site conditions including all utilities prior to construction.

· Contractor shall grade the site to maintain proper site drainage.

· Contractor shall locate utilities and make all necessary adjustment or connections from the existing utilities and shall reroute any utility line, like water, storm sewer or sanitary sewer which may impact construction.

· Contractor shall provide weekly progress summary and electronic photos to show construction progress through e-mail to the COR and Southeast District Engineer.

· Contractor shall provide a certificate of warranty for material supplied and workmanship for a minimum of one year from the date of acceptance.

· Contractor shall provide two copies of Operation and Maintenance Manuals, if required, at the final inspection.

· Contractor shall perform daily clean up and final clean up.

· Contractor shall dispose of all waste materials properly off site.

· Seal concrete slab/floor

· Protect existing roads and undisturbed infrastructures and environments, and

· Repair and restore all damages to be as good as the original conditions or better due to construction activities.

· Prior to submitting any bid, a site meeting will be held and participants would include but not limited to the contractor, contracting officer and/or COR, Southeast District Engineer, Construction Inspector and the Cemetery Director. The purpose of the meeting would be to visit site locations, clarification of scope, and to thoroughly investigate the site to ensure a clear understanding of the project.

A4. Schedule

· The anticipated completion of this project is 180 calendar days after receipt of Notice to Proceed.

A5. Cost Range

· The anticipated cost range for this project is between $1,000,000 and $5,000,000.

A6. Definitions

· Construction contract as defined by the Department of Veterans Affairs (VA) is the procurement by the Government, under one contract, with one firm or joint venture (JV) for construction services for a specific project.

· Contracting Officer: The services to be performed under this contract are subject to the general supervision, direction, control and approval of the Contracting Officer. The Contracting Officer is the only person authorized to obligate the government, interpret or change the contract.

· Project Manager / Contracting Officer’s Representative (COR): The COR is the Contracting Officer's authorized representative. The COR is responsible for protecting the Government's interest in the execution of the construction contract work. His duties include surveillance of all construction work to assure compliance with the contract documents, approval of all submittals, samples, shop drawings, etc.

· Contract: This term, as used herein, refers to the Contract(s) to perform the construction of the project.

· Contractor: This term, as used herein, refers to the contractor under this contract.

A7. Location

1. Memphis National Cemetery, 3568 Townes Ave, Memphis, TN 38122

B. PART II – RESPONSIBILITIES OF THE DESIGN-BUILD TEAM

1. The section is not applicable for this IFB.

C. PART III - PROPOSAL REQUIREMENTS

1. The section is not applicable for this IFB.

D. PART IV - POST AWARD REQUIREMENTS

D.1 Construction Period Submittals

· Shop drawings and submittals - The Contractor shall be responsible to ensure that the COR review shop drawings, detail drawings, schedules, descriptive literature and samples, and review the color, texture and suitability of materials for conformity with the contract documents. The VA COR will have final approval authority.

· Other submittals – The Contractor shall submit test results, certificates, manufacturer’s instructions, manufacturer’s field reports, etc. as required by the VA IFB specifications, to the VA COR.

· Project record drawings - The Contractor will maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process as required by the IFB specifications. The project record drawings will be available for review by the VA COR at all times.

D2. Project Close-Out

· The Contractor shall comply with the requirements in the “General Conditions”, and “General Requirements”, for submission of final IFB as-built drawings, manuals, and other documents as noted. Required as-built drawings and specifications will be submitted in the same format required for the construction documents.

D3. Site Visits and Inspections

· At the behest of the Contractor, the VA inspector shall observe the construction, advise the COR of any deviations or deficiencies or solutions to issues discussed.

D4. Historical Preservation Notifications

· The Memphis National Cemetery is listed in the National Register of Historic Places (NRHP). The proposed scope of work for this project is subject to compliance with Section 106 of the National Historic Preservation Act (P.L. 89-665, as amended) and reviewed by the National Cemetery Administration (NCA) Historic Architect (HA), who consulted with the Tennessee State Historic Preservation Office prior to work commencing. Proposed work, methods and treatments should meet the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The Contractor shall not be responsible for submissions to State agencies.

[END OF STATEMENT OF WORK (SOW)]

36C78619B0007 Section C

Page 1 of

SECTION D - PACKAGING AND MARKING

36C78619B0007 Section D

Page 1 of

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have," the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

36C78619B0007 Section E (End of Provision) Page 1 of

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 days after receipt of Notice to Proceed (NTP). The time stated for completion shall include final cleanup of the premises.

(End of Clause)

36C78619B0007 Section F

Page 1 of

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G - CONTRACT ADMINISTRATION DATA

(a) The resultant contract will be administered by the Department of Veteran Affairs, National Cemetery Administration. The address, telephone number, e-mail address, and fax number of the Contracting Officer is as follows:

Department of Veterans Affairs National Cemetery Administration (NCA) Contracting Service (Stafford, VA Office) Attn: Ms. Sheryl Palacio-Davis, Contracting Officer 425 I Street, NW 5th Floor 75 Barrett Heights Rd, STE 309 Stafford, VA 22556 1-540-658-7227 Sheryl.palacio-davis@va.gov

(c) The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered made without authority and no adjustment will be made in the contract price to cover increase in costs incurred as a result thereof.

(d) Contractual problems, of any nature, which might occur during the life of the contract, must be handled in conformance with very specific public laws and regulations (e.g., Federal Acquisition Regulation), and must be referred to the CO for resolution. Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.

(e) Any request for contract changes/modifications shall be submitted to the CO.

INVOICES

Please follow the instructions at the following link to enroll for electronic invoice submission: http://www.tungsten-network.com/us/en/veterans-affairs/.

Vendor e-Invoice Set-Up Information: There is not a charge for invoice processing. If you have questions about the e-invoicing program or Tungsten, please contact the Finance Service Center (FSC) at the phone number or email address listed below:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

FINAL PAYMENT

Final payment will be made only after receipt of all contractor’s payrolls, including subcontractor payrolls, SF 141, material submittals, test reports, as-built drawings, and Release of Claims.

G.1 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) Page 1 of

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

H.2 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) H.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of Provision) H.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in…